In a bid to protect the states right to determine the laws that apply within its borders, the Kansas legislature enacted a law barring any federal intervention against Second Amendment rights in their state. Under the Kansas law, guns manufactured and sold within the state to residents who keep the guns within the state are immune to federal interference.

Not so says US Attorney General Eric Holder. This states naked attempt to assert so-called Tenth Amendment prerogatives has no standing, Holder insisted. The notion that powers not expressly delegated to the federal government by the Constitution are somehow reserved to the states has been defunct since the Roosevelt Administration.

Despite what Governor Brownback and his legislature may think, federal laws and regulations override any and all state actions, Holder continued. Just because the manufacture, sale, and ownership of a gun may occur totally within the boundaries of a state is a meaningless distinction.

Harvard Constitutional scholar, Professor Chester Cringely, came down strongly on Holders side on the issue. While the plain language of the Constitution seems to say that powers not explicitly granted to the federal government are reserved to the states this is not how the Court has read the document, Cringely observed. If federal regulations can penalize a farmer for growing and consuming his crop on his own land, as the Court decided they could in Wickard v. Filburn, they certainly can penalize those involved in firearms transactions and use even if all parties and all actions take place solely within one state. As the law stands now, states can only do what the federal government allows them to do. Governors who defy the Feds do so at their own risk.

if you missed any of this week's other semi-news/semi-satire posts you can find them at...

“...states can only do what the federal government allows them to do.”

Bull crap!! They can do whatever they want. This is a new era of selective adherence to laws, and specifically, to the Constitution. The feds do it—so the states can do it. If they don’t like it, send in the troops, and see what happens. POS administration.

5
posted on 05/04/2013 11:33:23 AM PDT
by SgtHooper
(The last thing I want to do is hurt you. But it's still on the list.)

“While the plain language of the Constitution seems to say that powers not explicitly granted to the federal government are reserved to the states this is not how the Court has read the document,”

Which is exactly why We The People need to take what ever measures possible to get this government back under our control.

I love how they say “...the constitution SEEMS to say that powers not explicitly granted to the federal government are reserved to the states”.

The constitution doesn’t “SEEM” to say it DOES say that and only a completely corrupt USSC would allow this injustice to continue.

This is the core of what once made this country great!

The Founders said “We are given powers by our Creator”. FACT
A few powers were assigned to the Federal government along with some responsibilities. Seem the Feds are big on the power but seem to shirk their responsibilities.

The remaining powers, We The People retain or may assign to our individual states hence the states become incubators of government ruled by the people and the best states could become an example for others.

I want to see any person who claims the Feds are the supreme holders of power convicted of treason and the full penalty for that crime imposed. If that is a fact then just burn the Constitution as it is completely meaningless.

The notion that powers not expressly delegated to the federal government by the Constitution are somehow reserved to the states has been defunct since the Roosevelt Administration.

What an arrogant ass. "Somehow"? That word does not appear in the 10th amendment and as far as I know the 10th has not been repealed. The issue of a Kansas law being unconstitutional will be decide by the Supreme Court. Not any AG.

What Holder has declared by this statement is that The Federal Government under 0bama is a totalitarian regime that can control any and all aspects of anyone's life.

I have a suggestion for him and his butt boys. Give it a try.

14
posted on 05/04/2013 11:56:06 AM PDT
by Bloody Sam Roberts
(For me, I plan to die standing as a free man rather than spend one second on my knees as a slave.)

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